17.40.190 SU or Coastal Zone secondary use combining district.
A. Generally. The following regulations shall apply in all districts which are combined with the SU combining district. At such time as it has been determined by the planning commission, after considering the evidence submitted, that the continuation, establishment or re-establishment of coastally dependent use is not feasible (as defined under Section 17.40.110) on any such property combined with the SU district, the following regulations shall become effective and be in full force and effect:
1. Any and all such regulations specified in this code under the PC planned commercial zoning district regulations shall govern the use of property combined with the SU district.
2. The interpretation of the PC regulations as they pertain to the use of property combined with the SU district shall be liberally interpreted to carry out the spirit and intent of the Marina local coastal program.
3. In the event that an applicant makes an initial showing (at a noticed public hearing before the planning commission), based on substantial evidence, that coastal-dependent uses are not feasible; and in the event that the planning commission affirms this finding, any opponent or any interested party to such application must then demonstrate, by substantial evidence by the next regularly scheduled planning commission meeting, that there is a feasible coastal-dependent use for the specific parcel taking into account such factors as the fair market value of the land, its size, location, shape and public access requirements. The planning commission at said next regularly scheduled planning commission meeting or any continuation thereof shall make a final determination, based on substantial evidence, as to the feasibility of coastal-dependent uses. The planning commission’s determination may be appealed to the city council, in writing, within five days of said final determination. (Ord. 2020-07 § 2, 2020; Ord. 2007-11 § 3 (Exh. A), 2007)